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(영문) 대구고등법원 2015.05.13 2014나20333
보증금
Text

1. The part of the judgment of the court of first instance against the plaintiff corresponding to the amount ordered to be paid below shall be revoked.

The defendant.

Reasons

1. The following facts do not conflict between the parties, or are acknowledged by Gap evidence Nos. 1 through 10, 12 through 15, and Eul evidence Nos. 4 (including the number when it is not specially indicated; hereinafter the same shall apply), the inquiry results on the Daegu Metropolitan City Construction and Management Headquarters of the court of first instance on the Daegu Metropolitan City by the court of first instance, and the testimony and pleading of the witness E at the trial, and each statement of evidence No. 21 is insufficient to reverse it, and there is no other counter-proof.

1) The Daegu Metropolitan City Construction Management Headquarters (hereinafter “A”) concluded the instant subcontract on November 9, 201.

B) On November 9, 2011, A entered into a contract for construction works under which B construction works are subcontracted to A; (2) On November 9, 2011, A decided to set the construction period from November 10, 201 to November 30, 2012, the construction cost of construction as KRW 2,035,000,000 to the Plaintiff.

3) Accordingly, between the Plaintiff and the Plaintiff on November 28, 201, A entered into a contract between the Plaintiff on November 28, 201 and the Plaintiff to subcontract the first construction cost of the said reinforced concrete construction with the period from December 1, 201 to March 17, 201 (hereinafter “the first subcontract”) (hereinafter referred to as “the first subcontract”).

On March 24, 2012, the Plaintiff entered into a contract with the Plaintiff on March 24, 2012, which entered into between the Plaintiff and the Plaintiff to pay the second subcommittee construction cost of KRW 1,671,032,00 (including value-added tax) and the construction period of November 30, 2012 from March 26, 2012 to November 30, 2012, and the said construction cost was to be paid once a month and within 15 days from the date of receipt of each object (hereinafter “second subcontract”).

B. On April 10, 2012, A entered into the instant guarantee agreement with the Defendant as the second subcontract agreement (see Article 5 of the Terms and Conditions) and the guaranteed amount of KRW 590,895,360, and the guarantee period from March 26, 2012 to November 30, 2012.

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